Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
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Provisional attachment under PMLA can extend to any person found in possession of proceeds of crime, even if that person is not named in the FIR or charge-sheet for the scheduled offence. The Tribunal also found that the NBFC-fintech lending model involved outsourcing of core lending, onboarding, disbursement, recovery and monitoring functions to service providers in a manner inconsistent with the RBI outsourcing framework, while the apps imposed upfront charges and coercive recovery practices. On those facts, the profits were prima facie linked to cheating, extortion and unlawful recovery, so the confirmed attachment was upheld and the appeal dismissed.
Provisional attachment under PMLA can extend to any person found in possession of proceeds of crime, even if that person is not named in the FIR or charge-sheet for the scheduled offence. The Tribunal also found that the NBFC-fintech lending model involved outsourcing of core lending, onboarding, disbursement, recovery and monitoring functions to service providers in a manner inconsistent with the RBI outsourcing framework, while the apps imposed upfront charges and coercive recovery practices. On those facts, the profits were prima facie linked to cheating, extortion and unlawful recovery, so the confirmed attachment was upheld and the appeal dismissed.
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